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In a sale on approval, the buyer's approval must be demonstrated by express words.
An absolute guaranty creates the same obligation as a suretyship.
A properly mailed acceptance takes effect when mailed, even if it never is received by
the offeror.
Deductions from wages for cash or merchandise shortages are legal even if they reduce
an employee's wages below the minimum wage.
A tenancy for years terminates at the expiration of the specified term, regardless of
whether one party gives the other any notice of termination.
Joe Swartz, an employee of Acme Company, worked for months during company time
and used Acme's equipment to develop an idea that he had been nurturing. Finally, the
idea came to fruition. Swartz's employer laid claim to the invention on the grounds that
the firm's equipment had been utilized on company time. Swartz had obtained a patent
on the invention and claimed that his employer had no rights to the invention at all.
Who is right? How could an employer guard against such arguments in the future?
Governments are generally immune from tort liability.
All types of patents available under U.S. law are entitled to the same quality and
duration of protection once initial filing is perfected with the Patent and Trademark
Office in Washington, D.C.
Consequential damages are those that necessarily flow from the breach.
Corporate managers found guilty of masterminding any criminal activity must be
sentenced to prison time.
An art collector commissioned an artist to create a sculpture for the collector. The artist
wanted a substantial amount of money for the sculpture. This caused the collector some
worry regarding possible dissatisfaction with the artwork once it was completed. To
ensure that payment would be made only if the collector was satisfied with the
sculpture, a condition was written into the commission contract. It required that the
collector would have to be satisfied with the artwork, relying on the collector's taste and
judgment, before an obligation of payment would be created.
The artist never imagined that a collector could possibly refuse a creation of his and
allowed the condition to be placed within the contract. At the completion of the
sculpture, the collector claimed that she did not care for the artwork and therefore
refused to pay. Can the artist force payment in this situation? Would it help if the artist
could establish that the collector actually approves of the sculpture but has temporarily
run short on funds, and that this is the true motivating factor in refusing to accept the
sculpture?
For a security interest to attach, the creditor must file a financing statement.
Contribution is the right of a co-obligator to demand that other obligator(s) pay their
fair share of the debt.
Generally, the terms broker and agent are synonymous because both work directly for
the insurer.
The limited liability company combines the tax advantage of the partnership with the
limited liability feature of the corporate form of business organization.
A partner cannot make a general assignment of firm property for the benefit of creditors
unless authorized by the other partners or unless they have abandoned the business.
The Freedom of Information Act provides access to any information upon request.
A person who is prevented from enforcing a contract because of the statute of frauds
also is prevented from recovering the value of services, property, or money furnished
the other party to the oral contract.
When a consumer gives a creditor a security interest in forthcoming health insurance
proceeds, the creditor must file a statement with the insurance company in order to have
a perfected security interest.
Today, the widest range of tort liability arises in the field of negligence.
